The topic of discussion for this Constitution Monday
comes from Article II, Section 1, Clause 7:
[The President] "shall not receive within that Period [term of
office] any other Emolument [compensation] from the United States , or any of
them." This clause was included in
the Constitution to assure the American people that their President would be
prohibited from receiving any additional compensation from any other branch of
government. Our Founders wanted to
guarantee as far as possible the preservation of the separation of powers and
keep the office of President independent.
"A modern problem arose when President
Ronald Reagan continued to receive retirement benefits as a retired governor of
California
while he was in the White House. He had
been receiving benefits since the expiration of his second term in 1975. In a 1981 opinion, the Justice Department's
Office of Legal Counsel focused on the purpose of the Compensation Clause,
which was in its view `to prevent Congress or any of the states from attempting
to influence the President through financial rewards or penalties.' Given that President Reagan's retirement
benefits were a vested right under California
law rather than a gratuity that the state could withhold, the purpose of the
clause would not be furthered by preventing him from receiving them." (See Robert Delahunty in The Heritage Guide to the Constitution, p. 193.)
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